Notice of Granted Buy America Waiver

Printer Friendly Number 68 FR 2105

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[Federal Register:  January 15, 2003  (Volume 68, Number 10)]
[Page 2105-2106]
From the Federal Register Online via GPO Access []



Federal Transit Administration

Notice of Granted Buy America Waiver

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice of granted Buy America waiver.


SUMMARY: This waiver allows ticket vending machine manufacturers to 
install the Mars Electronics Bill Handling Unit and count it as 
domestic for purpose of Buy America compliance. It is predicated on the 
non-availability of the item domestically and was granted on December 
10, 2002, for the period of two years, or until such time as a domestic 
source for this Bill Handling Unit becomes available, whichever occurs 
first. This notice shall insure that the public, particularly potential 
manufacturers, is aware of this waiver. FTA requests that the public 
notify it of any relevant changes in the domestic market.

Counsel, Room 9316, (202) 366-1936 (telephone), or (202) 366-3809 


    Issued: January 2, 2003.
Jennifer L. Dorn,
Cassius Jones, Industry Manager, Mars Electronics International, 
1301 Wilson Drive, West Chester, Pennsylvania 19380-5963

    Dear Mr. Jones: This letter responds to your correspondence of 
August 8, 2002, in which you request an extension of a Buy American 
non-availability waiver for the BNA57, BNA52/54, and BSN385/39 bill 
handling units manufactured for use in ticket vending machines. The 
bill handling unit at issue here is able to accept, validate, and 
place in mechanical escrow banknotes of various denominations. The 
device also transfers these banknotes from the escrow to a vault 
within the ticket vending machine or returns them if the transaction 
is not completed. On July 21, 2000, the Federal Transit 
Administration granted Mars Electronics a waiver for this unit. For 
the reasons below, I have determined that a waiver is appropriate 
    FTA's requirements concerning domestic preference for federally 
funded transit projects are set forth in 49 U.S.C. 5323(j). However, 
Section 5323(J)(2)(B) states that those requirements shall not apply 
if the item or items being procured are not produced in the U.S. in 
sufficient and reasonably available quantities and of a satisfactory 
quality. The implementing regulation also provides that a waiver may 
be requested ``for a specific item or material that is used in the 
production of a manufactured product.'' 49 CFR 661.7(g). The 
regulations allow a bidder or supplier to request a waiver only if 
it is being sought under this section. See, 49 CFR 6617(g) and 49 
CFR 661.9(d).
    You state that there are still no U.S. manufacturers of this 
component with a functionally equivalent product. This assertion is 
supported by a market survey furnished as part of your application 
and conducted by Scheidt & Bachlman, a ticket vending machine 
manufacturer and potential end user of this component. You have also 
supplied a letter supporting your contentions from Cubic 
Transportation Systems, another

[[Page 2106]]

potential end user. FTA posted a request for comments on this matter 
on our website and received no comments from domestic manufacturers 
of this product.
    Based on the above-referenced information, I have determined 
that the grounds for a ``non-availability'' waiver exist. Therefore, 
pursuant to the provisions of 49 U.S.C. 5323(j)(2)(B), a waiver is 
hereby granted by manufacture of the BNA57, BNA52/54, processing 
unit for a period of two years, or until such time as a domestic 
source of this type of unit becomes available, whichever occurs 
first. In order to insure that the public is aware of this waiver, 
particularly potential manufacturers, it will be published in the 
Federal Register. If you have any questions, please contact Joseph 
Pixley at (202) 366-1936.

 Very truly yours,

Gregory B. McBride,
Deputy Chief Counsel.

[FR Doc. 03-823 Filed 1-14-03; 8:45 am]